Nallamilli Krishna Reddy v. State Of Andhra Pradesh, Rep.By Its Ex-Officio

THE HONOURABLE SRI JUSTICE M.S.RAMACHANDRA RAO WRIT PETITION No.227 of 2016 ORDER :

Petitioner's grievance is that his lorry bearing registration No.AP 07 X 8841 was seized pursuant to a panchanama conducted on 19.12.2015 and a case under Section 6A of the Essential Commodities Act, 1955 was registered against the persons who had taken the vehicle on hire from the petitioner.

2. Counsel for the petitioner contends that the vehicle will get damaged if it is left unused in the custody of the 2nd respondent and that although the petitioner had filed an application on 24.12.2015 seeking release of the vehicle, the 2nd respondent has not passed any orders.

3. The Government Pleader for Civil Supplies appearing for respondents states that the vehicle may be directed to be released subject to the petitioner furnishing bank guarantee for the value of vehicle as assessed by the 2nd respondent and keeping the said bank guarantee alive during the pendency of the said proceedings.

4. In view of the said submission, this Writ Petition is disposed of directing the 2nd respondent to release the vehicle i.e., lorry bearing registration No.AP 07 X 8841 to the petitioner subject to his producing documents in proof of ownership of the said vehicle; giving a bank guarantee for the value of the said vehicle as assessed by the 2nd respondent; and keeping the said bank guarantee alive during the pendency of the proceedings under Section 6A of the Act against the alleged offenders. Petitioner shall also not alienate or encumber the vehicle pending said 6A proceedings and shall also produce it as and when required by the respondents. There shall be no order as to costs.

5. Consequently, miscellaneous petitions pending, if any, shall stand dismissed.

______________________________ M.S.RAMACHANDRA RAO, J 05th January, 2016.

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